‖ habendum Law.
(həˈbɛndəm)
[L. = ‘to be had’ or ‘to be possessed’, gerundive of habēre to have.]
That part of a deed (beginning in Law Latin with the words habendum et tenendum, and in Eng. deeds ‘to have and to hold’) which defines what estate or interest is thereby granted.
| 1607 Middleton Phœnix ii. ii, Now I come to the Habendum, to haue and to holde, vse and [etc.]. 1641 Termes de la Ley 179 In every deed of Conveyance there be two principall parts, the Premisses, and the Habendum. 1818 Cruise Digest (ed. 2) IV. 30 The description of the things granted need not be repeated in the habendum; as it is sufficient that they are described in the premises. 1876 Wharton's Law Lex. (ed. 5) s.v. Deed, In annuity-deeds and money assignments, the phrase ‘To have, hold, receive, and take’ is the common form of habendum. 1884 Elphinstone Conveyancing 100 The clause beginning ‘to have and to hold’ is the habendum and tenendum combined, and is generally called the habendum. |